Equine Breeding Agreement This Equine Breeding Agreement (the

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Knight’s Gate Hanoverians

Gewinner Züchten ... Breeding Winners

Equine Breeding Agreement

This Equine Breeding Agreement (the “Agreement”) is entered into as of _________________________ (date) between Knight’s

Gate Hanoverians (KGH), a breeding farm located at 2276 Port Robinson Road RR#2 Welland, Ontario, Canada and the Mare breeder identified below as (the “Breeder”). The purpose of this Agreement is to breed the Stallion identified below (the “Stallion”) to the Breeder’s mare identified below (the “Mare”). The goal is to produce one Live Foal, defined as a foal that stands, nurses, and survives the first 48 hours after birth. Any Live Foal Guarantee (LFG) applies only to the Breeder’s purchase of fresh, cooled semen for one mare. The Live Foal Guarantee does not apply to Frozen Semen.

1. BREEDER.

BREEDER INFORMATION

Breeder’s Name:

Address:

Phone: (home)

(work)

Email:

2. STALLION.

STALLION INFORMATION (the “Stallion”)

Stallion’s Name: Vive Victory

Breed/Registration Number: Hanoverian 124 030 035455406

(cell)

(fax)

(a) The Mare Owner shall have no right, title nor interest in the Stallion except for the breeding entitlement expressly set forth within this Agreement. All breeding under this agreement is to be by artificial insemination with fresh cooled or frozen semen from the

Stallion.

(b) The breeding season for the Stallion via cooled semen opens March 1 and closes August 30 of any given year. Frozen semen may be shipped year-round.

(c) In the event the Stallion should be unavailable for producing cooled semen due to illness, injury, infertility, death, sale, or for any other reason, the Breeder agrees to receive one dose of frozen semen from the Stallion with up to 2 (two) additional doses of frozen semen as required for conception by the Mare and will be discounted by 50% per dose. Failure of the Mare to conceive after a total of three (3) doses of the frozen semen will necessitate a new contract (in which the Breeder will pay full price for frozen semen.) If, and only if, for any reason, the Stallion becomes unavailable prior to the first shipment of semen, the Breeder may alternatively elect to receive a full refund of the Breeding Fees. After the first shipment of semen, no refund of Breeding Fees will be permitted. After the first shipment of cooled semen, failure by the Breeder to accept frozen semen as an alternative to fresh cooled semen from the unavailable Stallion shall not extend the Breeder’s entitlement under this Agreement nor entitle the Breeder to any monetary refund or other compensation. In the event that the Stallion becomes unavailable for breeding and it becomes necessary for Knight’s Gate

Hanoverians to substitute frozen semen in lieu of cooled semen, the Live Foal Guarantee that applies to fresh semen ceases to apply upon the date the Breeder first orders frozen semen as a substitute.

Breeder’s initials _______

Knight’s Gate Hanoverians Breeding Agreement

Page 1 of 5

3. MARE.

MARE INFORMATION (the “Mare”)

Mare’s

Registered

Name:

Mare’s Barn

Name:

WILL THIS BE AN EMBRYO TRANSFER BREEDING?

Age: Height: Breed:

Yes

Registration #:

A COPY OF YOUR MARE’S REGISTRATION PAPERS MUST BE ATTACHED.

List the Registries the Mare is

Approved for

Breeding with:

Planned Month of Breeding:

No

Mare’s Breeding

Status: Maiden: Foaled/Foaling: Open: Barren:

Mare’s Breeding History:

List each year the mare was bred, the final result (e.g. no preg. achieved, preg. to full term, reabsorbed preg., spontaneously aborted preg);

Total Number of Foals

Produced & Any Health

Concerns

(a) Prior to the Breeder entering into this Agreement, a Breeding Soundness Exam must be performed by a Licensed Veterinarian for all mares prior to breeding, including a uterine culture and cytology. The Breeder is expected to follow its veterinarian’s recommendations. If a mare fails to settle after two breeding cycles, the Breeder will be required to submit culture and cytology results to Knight’s Gate Hanoverians prior to any additional shipment of semen.

(b) The Breeder may substitute a new mare owned or leased by the Breeder if the above Mare has been proven unsuitable for breeding.

Complete information on the substitute mare must be supplied to Knight’s Gate Hanoverians prior to requesting semen. Knight’s Gate

Hanoverians must approve of and consent to the substitution . Substitution with a replacement Mare does not extend the original terms of this Agreement. c) Breeder, please plan ahead!

Knight’s Gate Hanoverians will attempt to accommodate your Mare’s cycle; however, the Breeder’s lack of planning does not constitute an emergency. Knight’s Gate Hanoverians makes no warranty with regard to accommodation for the Breeder’s late requests of semen. The onus is on the Breeder to document the Mare’s heat cycles including number of days in heat and follicle sizes in order to make breeding arrangements in a timely fashion. It is necessary for the Breeder to inform Knight’s Gate

Hanoverians of the timing of the Mare’s cycle well in advance of requesting semen and also take into account the shipping days and time frames offered by couriers that will be transporting the semen.

4. EMBRYO TRANSFERS.

(a) At the execution of this Agreement, Knight’s Gate Hanoverians must be notified if the Breeder intends to use Embryo Transfer as a means of producing a foal from this breeding. The Mare bred to the Stallion as defined in this Agreement is referred to as the “Donor

Mare.” The surrogate mare which carries the foal after transferring the embryo is referred to as the “Recipient Mare.” It is the responsibility of the Breeder to make arrangements for the Recipient Mare(s). The Breeder shall bear all cost, responsibility, and risk associated with the Mare(s) that they breed.

(b) In the case that multiple embryos are recovered from the Donor Mare, the additional embryos may be transferred to multiple

Recipient Mares at the Breeder’s discretion. The Breeder must declare and notify Knight’s Gate Hanoverians of any additional pregnancies not later than 18 days post implantation. An additional Breeding Fee of 75% of the (initial) Breeding Fee in this

Agreement will be required for each additional Live Foal resulting from the transfer of multiple embryos from the same breeding.

The additional Breeding Fee for is due for each subsequent Live Foal no later than one week after its birth.

(c) Knight’s Gate Hanoverians prohibits the transfer of multiple embryos from a successful pregnancy of the Donor Mare to any mare other than the identified and agreed upon Donor Mare. This Agreement does not in any way imply or allow the right to breed any mare other than the one identified as the Donor Mare to the Stallion with semen shipped pursuant to this Agreement, or to re-breed the Donor

Mare with semen shipped pursuant to this Agreement as long as there is at least one viable pregnancy or if a Live Foal has been produced. If the Breeder chooses to rebreed the Donor Mare to achieve additional pregnancies while there is a successful surrogate pregnancy in progress, a new Breeding Agreement must be executed.

Breeder’s initials _________

Knight’s Gate Hanoverians Breeding Agreement Page 2 of 5

5. FEES. Breeding fees (please select preferred processing of semen) All fees are in Canadian Dollars. Ontario tax rate applies.

Fresh, cooled semen

Frozen semen

Available Discounts check if eligible:

Maximum of 2 discounts per contract.

Total Breeding Fee Due:

Breeding Fee minus any discounts for which the

Breeder is eligible

$1500.00 CDN ($300 booking fee + $1200 service fee) + applicable tax, shipping, Distribution Fees and duty when applicable. LFG

(conditions apply)

$500 CDN per dose + applicable tax, shipping, container fee,

Distribution Fees and duty when applicable. * NO LFG *

10% EMC/Premium/ Ster

OR 15% Elite/ Keur discount

10% Return Breeder discount

10% Multiple Mare discount (must be booked at the same time)

Semen price $ ________ CDN (minus applicable discount) =

Subtotal $ __________ CDN

Total with applicable provincial sales tax: $ _______ CDN

(a) Payment of Fees. Payment in full is due upon execution of this Agreement. Applicable Ontario sales tax will be charged in addition to the Total Breeding Fee. Duty, container fees and any other expenses incurred by Distribution of the semen will be at the expense of the Breeder and will be invoiced directly to the Breeder.

(b) Collection and Shipping Fees. Dependant on the stallion’s physical location, the collection and shipment of semen for

Knight’s Gate Hanoverians stallion may be performed by a collection service provider . The collection of semen and shipping expenses (which together comprise the Distribution Fees (“Distribution Fees”) are set out in Knight’s Gate Hanoverians’

Schedule of Breeding Fees for the relevant breeding season and become payable to Knight’s Gate Hanoverians. The Distribution Fees are charged to the Breeder prior to each shipment of semen. Semen will only be distributed after the Distribution Fees (or the most current invoice) has been paid in full.

(c) Container Security. Semen is shipped in high value, specialized containers which, at all times, remain the property of Knight’s Gate

Hanoverians (or the collection service provider). After each shipment of fresh cooled semen, the shipping container must be returned to

Knight’s Gate Hanoverians. After shipment of frozen semen, the container must be returned to Knight’s Gate Hanoverians in good condition within the timeframe and per the shipment method specified by Knight’s Gate Hanoverians. A Late Fee, as set out in the Schedule of Breeding Fees, may be assessed for late return of the shipping container . Any loss of or damage to the container will be the responsibility of the Breeder and will be billed to the Breeder.

(d) Credit Card Required. T h e Breeder is required to provide valid credit card information to ensure that Knight’s Gate Hanoverians will receive full payment for services rendered. The breeder’s credit card information will not be shared with any other parties and it will only be used to close any outstanding balance after notifying the Breeder. Credit card information ensures that Knight’s Gate

Hanoverians will be reimbursed for lost or damaged semen shipping containers pertinent to the client they are sent to. If loss of or damage to the semen shipping container occurs, Knight’s Gate Hanoverians will report this to the Breeder as soon as it is discovered. Failure of the Breeder to reimburse Knight’s Gate Hanoverians for the loss of or damage to the container within 7 days of Knight’s Gate Hanoverians notifying the Breeder of the problem, will result in charges being billed to Breeder’s credit card. The Breeder’s signature below authorizes

Knight’s Gate Hanoverians to charge the Breeder’s credit card for unresolved payment on all overdue balances or unresolved financial loss or damage to the pertinent semen shipping container.

PAYMENT : The Breeding Fee must be paid by one of the following payment methods: Paypal, certified cheque, bank draft, or e-money transfer (if in Canada). Please circle your preferred method of payment and initial here:_________

______________

Shipping expenses must be paid for by credit card.

Expiration Date:

-

Verification ID #

-

(3 digits on back of credit card)

Name of

Cardholder:

Billing Address of Cardholder:

Signature of

Cardholder

Please initial ____

I authorize Knight’s Gate Hanoverians to charge my credit card for any outstanding payment owing as per my invoice, including any or loss or damage to the semen container(s) shipped to me.

Knight’s Gate Hanoverians Breeding Agreement Page 3 of 5

6. SEMEN SHIPMENT AND ADMINISTRATION.

(a) For FRESH COOLED SEMEN ONLY: Upon payment of the required fees, the Breeder will be entitled to shipments of semen from the Stallion during Knight’s Gate Hanoverians’ current breeding season until the Mare conceives and sustains a pregnancy as per the terms of this contract. If the Mare does not successfully conceive on FRESH SEMEN ONLY as a result of insemination during the current breeding season, the Breeder is entitled to shipments of semen from the Stallion during the following breeding season pursuant to the terms of the Right of Return set out in Section 9, below.

(b) A Collection Contract (which may be required by the Collection Service Provider used by Knight’s Gate Hanoverians) must be signed by the Breeder when Knight’s Gate Hanoverians is not performing the collection.

(c) In order for Knight’s Gate Hanoverians to issue a breeding certificate for the breeding contemplated under this Agreement, and for the Right of Return to be valid, the Mare must be bred by a licensed veterinarian or an approved breeding technician approved by

Knight’s Gate Hanoverians. The same person designated by the Breeder must sign the Mare Breeding Passport. Cooled semen is prohibited from being frozen or stored for future use. Semen provided under this Agreement may not be used to breed any mare other than the Mare identified in this Agreement or to re-breed the Mare once a Live Foal has been produced or a Recipient Mare is confirmed in foal under this Agreement. The Mare Owner assumes all risk of missed breeding opportunities due to difficulties regarding timing of the Mare’s ovulation, the Mare’s fertility, shipping or handling of the semen immediately after it leaves Knight’s

Gate Hanoverians premises.

(d) When frozen semen is used that produces a successful conception and unused straws of frozen semen remain, the number of unused straws must be declared to KGH. To save the Breeder shipping expenses, unused straws may be used for a future breeding, provided a new contract is first signed between the parties herein and under the following conditions: i) the frozen semen must be properly handled and stored in a routinely serviced nitrogen tank that is in serviceable condition and ii) the straws are ONLY to be used for the same Mare as described in this contract or an alternate mare that is agreed on by KGH in the new contract . The normal stud service fees will apply and all applicable fees are paid to Knight’s Gate Hanoverians PRIOR to use of the remaining semen.

(e) Fresh, cooled semen is typically available Monday, Wednesday and Friday with no collections on any weekend nor any Friday during holiday weekends nor on the Stallion’s show dates. The Stallion’s competition and travel schedule during the breeding season will determine stallion availability for collection. It is up to the Breeder to inquire to KGH regarding breeding availability of the stallion.

On rare occasions, the stallion is given a “day off” from the breeding shed in order to insure optimal quality semen. The Breeder may elect to receive frozen semen from the Stallion in these situations or delay until the Mare’s next cycle when the Stallion becomes available. It is imperative that the Breeder notify KGH as the Mare enters her heat cycle.

(f) Requests for semen must be made 48 hours before collection and shipment, or pick-up. ALL requests for semen shipments must be made via EMAIL AND TELEPHONE with an email priority prompt that reads: “Semen Request” in the Subject

Header.

SHIPMENT DESTINATION INFORMATION

Attention:

Address:

Special Delivery

Instructions:

Phone: (home)

(work)

Email:

Preferred Airport for Shipping if Same-Day

Shipment Required:

VETERINARY INFORMATION

Your Vet’s Name:

(print)

Clinic Name:

(print)

Address:

(cell)

(fax)

Phone: (work)

(fax)

Email:

Knight’s Gate Hanoverians Breeding Agreement

(cell)

Page 4 of 5

7. PREGNANCY CHECKS. The Breeder agrees to submit to Knight’s Gate Hanoverians confirmation of the mare’s pregnancy at 14-

16 days post-ovulation and at 55-60 days post ovulation. Knight’s Gate Hanoverians recommends additional pregnancy checks at 28 days post-ovulation and between 35-40 days post-ovulation. The completed Mare Passport must be received by Knight’s Gate Hanoverians no later than September 15. If pregnancy checks are still pending at that time, the Mare Passport should be returned and written confirmation of additional checks should be sent following each pregnancy check that occurs after September 15.

8. BREEDING CERTIFICATE. Upon written confirmation of pregnancy by the Breeder’s veterinarian to Knight’s Gate

Hanoverians between 55-60 days, Knight’s Gate Hanoverians will afterward issue a Breeding Certificate for the appropriate breed registry. In the case of Embryo Transfers, no Breeding Certificate will be issued for additional pregnancies until all additional

Breeding Fees have been received by Knight’s Gate Hanoverians.

9. RIGHT OF RETURN. (a) The Breeder may breed the Mare under this Agreement during a second consecutive season under the following conditions: a Mare Breeding Passport signed by a licensed veterinarian is received by Knight’s Gate Hanoverians no later than September 15 th of the first season under this Agreement, certifying that the Mare has not become pregnant during the first breeding season; or (b) the Mare fails to produce a Live Foal, in which case, Knight’s Gate Hanoverians is verbally notified by the Breeder or the Breeder’s veterinarian within 72 hours of the foal's death, miscarriage or discovery of reabsorbtion and verbal notification stating the situation is followed within ten (10) days by a signed written statement from a licensed veterinarian stating the details of the loss of the pregnancy or foal. If such notification is not received within the required period, the Right of Return provided herein becomes null and void . Breeding fees for the return season will be at the normal rates in effect during the subsequent season. (c) In the case of Embryo

Transfers, the Right of Return shall apply only if there is no Live Foal produced from any implanted embryos. The Breeder’s veterinarian must provide a written statement to verify this.

Loss of additional foals from multiple implanted embryos does not entitle the Breeder to the Right of Return if there is at least one Live Foal produced under this Agreement.

10. TERM AND TERMINATION. This Agreement shall continue until both parties fulfill their obligations hereunder. The last date for Knight’s Gate Hanoverians to provide semen for breeding under this Agreement is August 29 of the year dated on this contract for cooled semen and December 31 of the year dated in this contract for frozen semen.

Late notification for a semen request will be accommodated ONLY when possible; however, there will be additional late fees assessed by Knight’s Gate Hanoverians or the collection service provider.

11. ASSUMPTION OF RISK, WAVIER OF CLAIMS, INDEMNIFICATION. The Breeder assumes all responsibility for the care, custody, control and condition of the Mare throughout the breeding, pregnancy, foaling and suckling period, including all veterinary and other additional costs of breeding the Mare, and assumes all risk of loss or damage to the Mare and to any resulting foal, whether by death, disease, injury, infection or otherwise. The Breeder acknowledges that breeding provides heightened physical risk to a mare and agrees to waive any claims against, indemnify, release and hold harmless Knight’s Gate Hanoverians, their directors, agents, employees and assigns, from any and all claims, demands, damages, actions, suits, attorney’s fees and costs, obligations or liabilities of any kind that are in any way related to the Mare or to the breeding or insemination of the Mare.

12. GENERAL TERMS. Knight’s Gate Hanoverians’ waiver of any breach or failure to insist on complete performance of each and every term under this Agreement is not to be construed as a general waiver as to the other terms or as to ongoing waiver of the same term of this Agreement, and will not impair Knight’s Gate Hanoverians’ future right to enforce its rights hereunder. The Breeder may not assign this Agreement or any interest in this Agreement without the prior written consent of Knight’s Gate Hanoverians.

This Agreement constitutes the entire agreement between the parties with regard to the subject matter addressed herein, and there are no other understandings, representations, warranties or agreements, oral or written. This Agreement may not be changed, modified or amended in whole or in part, except in writing, signed and dated by both parties, or by an addendum agreed upon, signed and dated by both parties. This Agreement shall be governed by and construed under the laws of the Province of Ontario, Canada without regard to conflict of law principles, and the courts of the Province of Ontario, Canada shall have exclusive jurisdiction over any disputes arising hereunder, except that the parties first agree to try to settle any disputes arising hereunder through mediation using a neutral mediator familiar with both the applicable law and the customs and practices of the sport horse breeding industry and shall be done at the expense of the Breeder. No Mare discounts apply on Registry Stallion Service Auctions.

IN WITNESS WHEREOF, intending to be legally bound hereby, the parties have entered into this Agreement on the date first written above.

KNIGHT’S GATE HANOVERIANS BREEDER (signature)

By:

Its Breeding Manager, as duly authorized

Knight’s Gate Hanoverians Breeding Agreement

By:

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